VERIFIED BY VISA: TERMS AND CONDITIONS
Welcome and thank you for choosing to use the Verified by Visa service from Sutton Bank. Please read this Terms of Service Agreement carefully before using Verified by Visa. In this Agreement, "we," "us," or "our" refers to Sutton Bank, and "you," "your," or "yours" refers to the Check Card holder who uses or authorizes another person to use Verified by Visa.
This Terms of Service Agreement supplements and is incorporated in our Cardholder Agreement with you. In addition to this Terms of Service Agreement, Verified by Visa also is subject to the Cardholder Agreement governing the card transactions for which Verified by Visa is used.
1. ACCEPTANCE OF TERMS
(a) Verified by Visa provides its service to you, subject to the following Terms of Service ("TOS") and our Cardholder Agreement with you governing the card transactions for which Verified by Visa is used. The TOS may be updated by us from time to time without notice to you.
(b) You agree that creation of a Verified by Visa account password, and/or use of Verified by Visa, will represent your acceptance of this TOS and that continued use of Verified by Visa shall constitute your agreement to any revised terms and any applicable posted guidelines or rules.
(c) Unless explicitly stated otherwise, any new features that augment, enhance or otherwise change Verified by Visa shall be subject to this TOS.
(d) We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Verified by Visa (or any part thereof) with or without notice.
(e) Upon our request, you agree to sign a non-electronic version of this TOS.
2. DESCRIPTION OF VERIFIED BY VISA
Verified by Visa provides you with a way of increasing security in online and other transactions for which Verified by Visa is used by reducing the chances of fraud for those transactions. Registering for Verified by Visa involves providing personal information to us and to VISA U.S.A., which is then used to confirm your identity in connection with future online transactions or other transactions for which Verified by Visa is used, as discussed in more detail in Section 5 below. Verified by Visa also may be used for record keeping and reporting purposes, as well as to help resolve any transaction disputes. Your Registration Data, as defined in Section 3(b), and other personal information is not shared with the merchant, as discussed in more detail in Section 6 below.
3. YOUR REGISTRATION OBLIGATIONS
(b) You agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Verified by Visa's registration form ("Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate, or refuse your current or future use of Verified by Visa.
(a) In order to use Verified by Visa, you must provide certain information to us that allows us to validate your identity and verify that you are the owner of or an authorized user of the specified Check Card(s). The information that you provide may be validated against information we already have on file that is associated with you and your Check Card(s), information we receive from one or more third parties, or information maintained by a third party.
(b) If you are unable to provide adequate information for us to validate your identity, we have the right to not allow you to register for Verified by Visa. You warrant that the information is correct and that you have the legal right to use all of the Check Cards that you register for Verified by Visa.
(c) If you do not successfully register for Verified by Visa, the merchant may not accept your Visa Check Card in payment for an e-commerce or other transaction subject to Verified by Visa.
(d) In order to use Verified by Visa, you must have the ability to access the World Wide Web and must pay any service fees associated with such access. In addition, you must have the equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.
(e) In the event you have a question regarding the Verified by Visa registration process or a transaction using Verified by Visa, you should direct that question to our customer service department. Please refer to the customer service number, which is found on the back of your Check Card and on your billing statement.
(a) During registration in Verified by Visa, you may be asked to select or may be provided a password and hint-and-response question and answer. When engaging in an online transaction or other transaction for which Verified by Visa is used, you may be asked for your Verified by Visa password or hint response before the merchant accepts your Visa card in payment for the transaction. If you are unable to provide your Verified by Visa password or hint response, or if the authentication through Verified by Visa otherwise fails, the merchant may not accept your Visa Check Card in payment for that transaction.
(b) By registering in Verified by Visa, you assent to the use of Verified by Visa to evidence your identity, including for purposes of authorization of transactions authorized in advance to recur at substantially regular intervals.
(a) Verified by Visa stores your Registration Data. Your Registration Data will not be shared with online retail merchants or merchants in other transactions for which Verified by Visa is used.
(b) You acknowledge and agree that Verified by Visa may keep your Registration Data and also may disclose your Registration Data if required to do so by Applicable Law, as defined in Section 8(a)(ix), in the good faith belief that such preservation or disclosure is permitted by Applicable Law, or as reasonably necessary to (i) comply with legal process or (ii) enforce this TOS.
7. CARDMEMBER PASSWORD AND SECURITY
You are solely responsible for (i) maintaining the confidentiality of your password, Registration Data and other verification information established by you with Verified by Visa, and (ii) all activities that occur using your password, Registration Data or other verification information supplied to or established by you with Verified by Visa. You agree not to transfer or sell your use of, or access to, Verified by Visa to any third party. You agree to immediately notify us by contacting us as we require in our Cardholder Agreement with you for a lost or stolen card of any unauthorized use of your password or other verification information, or any other breach of security. You acknowledge and agree that, except as otherwise provided by Applicable Law or in our Cardholder Agreement with you, we shall not be liable for any loss or damage arising from your failure to comply with this TOS. Transactions made with your password through Verified by Visa will be deemed to have been authorized by you.
8. YOUR CONDUCT
(a) You agree not to:
(i) impersonate any person or entity using Verified by Visa;
(ii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by Verified by Visa;
(iii) spam or flood the Verified by Visa Website or service;
(iv) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Verified by Visa Website or service or the software used in connection with Verified by Visa;
(v) remove any copyright, trademark, or other proprietary rights notices contained in Verified by Visa;
(vi) "frame" or "mirror" any part of the Verified by Visa Website or service without Visa's prior written authorization;
(vii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Verified by Visa Website or service or its contents;
(viii) otherwise interfere with, or disrupt, Verified by Visa or servers or networks connected to Verified by Visa, or violate this TOS or any requirements, procedures, policies or regulations of Verified by Visa or of any networks connected to Verified by Visa; or
(ix) intentionally or unintentionally violate any applicable local, state, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation, or any rule or requirement established by Visa (all of which shall constitute "Applicable Law") in connection with your use of Verified by Visa.
(a) You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Verified by Visa.
(b) Under no circumstances will we be liable for consequential, incidental, special or indirect losses or other damages, such as any damage to your computer or telephone service resulting from your use of Verified by Visa.
(c) We assume no responsibility for, and will not be liable for, any damages to, or any viruses which may affect, your computer equipment or other property on account of your access to, use of, or downloading from, this Web site.
(a) If you want to end your ability to use Verified by Visa, please visit www.cnb.com and complete an online message form, instructing us to deactivate your password and Registration Data. Any purchases you made using Verified by Visa prior to deactivation will not be affected.
(b) We may deactivate your ability to use Verified by Visa and terminate your relationship with us at any time, with or without fault on your part and without notice to you. For your protection, we may automatically deactivate your ability to use Verified by Visa if it is not used at least one time during any twelve (12) month period, without notice to you.
11. DEALINGS WITH MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, online retail or other merchants on or through Verified by Visa, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant. You agree that, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You understand that use of Verified by Visa does not, in any way, indicate that we recommend or endorse any merchant, regardless of whether the merchant participates in Verified by Visa. For example, Verified by Visa does not verify the identity of the merchant or the quality of the merchant's goods or services.
12. DISCLAIMER OF WARRANTIES
(a) You expressly understand and agree that any software obtained through the use of Verified by Visa is downloaded and used at your own discretion and risk and that except as otherwise provided in this TOS Agreement, you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such software or other materials through Verified by Visa.
(b) EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT VERIFIED BY VISA OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail to any address in your Registration Data or other information that you have provided to us in connection with any of your accounts with us, or your Check Cards issued or otherwise provided by us. You also may be notified of changes to this TOS or other matters in accordance with the terms of your Cardholder Agreement.
14. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use Verified by Visa and to create binding legal obligations for any liability you may incur as a result of the use of Verified by Visa. Except as otherwise provided by Applicable Law or in our Cardholder Agreement with you, you understand that you are financially responsible for all uses of Verified by Visa by you and those authorized by you to use your Registration Data, your password or other verification information.